11 constitutional amendments up for vote

Voters to decide on 11 constitutional amendments

Oct. 24, 2012

Written by

Travis Pillow

Florida Capitol Bureau

Lawmakers proposed 11 changes to the state constitution on the 2012 ballot, ranging from feel-good tax breaks for injured veterans to measures that would alter the checks and balances between branches of government. The unprecedented battery of amendments have prompted some groups, such as the League of Women Voters, to encourage voters to reject all of the changes. Here is our guide. Note: The estimated financial impacts were produced by state economists when the changes were moving through the Legislature.

• Amendment 1: “Health Care Freedom”

This measure would protest one of the most controversial provisions of “Obamacare.” It would bar state and local governments from requiring anyone to buy health insurance, but would not block a similar provision contained in the Affordable Care Act because federal law trumps state law.

Vote yes if: Like the state’s Republican leaders, you believe the law should be repealed and Floridians should be protected from insurance mandates.

Vote no if: You believe government should have the authority to impose similar mandates, or that the debate was settled this year when the U.S. Supreme Court upheld the provision.

• Amendment 2: Tax break for combat-wounded veterans

This measure never received a no vote in the Florida Legislature. The state Constitution offers a property tax break to state residents who are wounded while serving in the armed forces. This amendment would extend the additional homestead exemption to disabled veterans living in the state who were not Florida residents when their injury occurred. Because of the small number of individuals who would qualify, the impact on local government revenues is likely to be minimal: $2.4 million spread throughout the state in its first year, eventually growing to $7.6 million, according to state economists.

Vote yes if: You believe combat-wounded veterans who joined the armed services while living in another state are entitled to relief on their property taxes and are willing to accept the cost to local governments.

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Vote no if: You do not support adding new property tax exemptions to the state constitution.

• Amendment 3: “Smart Cap”

This amendment would slow the growth of state government. If it passes, state revenues could only grow based on increases in the state population, plus inflation. Per-capita state spending would essentially be frozen at 2013 levels. Revenue that exceeds the cap would be placed in state reserve funds. Once state reserve accounts get maxed out, surplus revenue will be used to shift the burden of education funding from school districts to the state.

Lawmakers could vote to override the cap, but that would require a two-thirds vote in the House and Senate.

Similar measures have failed almost everywhere they have been proposed. Critics have seized on the drastic cuts a similar measure forced in Colorado, but this cap is softer. For one thing, the revenue limitation does not drop when state revenues fall, as Colorado’s did, forcing deep cuts after every recession. It also does not apply to local governments or school districts. Finally, it gets phased in over time, and is unlikely to have any effect before 2020 unless lawmakers approve additional sources of revenue.

In short, this revenue would make it harder for the Legislature to enact tax and fee increases and help ensure that Florida continues to have one of the smallest state governments in the country relative to the size of its population.

Vote yes if: You want to restrict future state Legislatures from increasing the size of government.

Vote no if: You oppose placing restrictions on government spending in the state constitution.

• Amendment 4: New property tax exemptions

This amendment contains three major property tax breaks:

• A new homestead exemption for people who have not owned a home in three years.

• A provision ensuring that someone’s tax bill cannot increase if their property value falls that year

• A cap that prevents the tax bill on property that does not have a homestead exemption from rising more than 5 percent a year (the current cap is 10 percent). This would affect commercial property, “investment” properties and vacation homes that are not someone’s primary residence.

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State economists estimate the provisions will cost state governments a combined $166.5 million in its first year, and nearly $600 million a year in future years. The “recapture” change could also cost school districts $17.7 million a year. Supporters, like the Florida Association of Realtors, say the impact could be reduced by a wave of new home purchases spurred by the first exemption, which is aimed at first-time home buyers.

Vote yes if: You would welcome the tax breaks and are willing to accept the budget cuts by local government, or increases in other taxes, that could result.

Vote no if: You do not believe the tax breaks are fair, or are concerned about the cost to local governments.

• Amendment 5: State courts

This amendment would tip the balance of power between the Legislature and the state court system in the direction of the Legislature. It would require state Supreme Court justices to be confirmed by the state Senate, and increase lawmakers’ ability to repeal court rules.

Vote yes if: You believe the state Legislature should have more power over state courts.

Vote no if: You oppose giving the state Legislature more power over state courts.

• Amendment 6: Restrictions on state funding for abortion

This amendment was proposed in response to court decisions holding the Florida constitution creates a broader right to abortion than the U.S. Constitution. It bars state revenue from funding abortions, except in cases of rape and incest or if the life of the mother is threatened.

Vote yes if: You support these restrictions on abortions.

Vote no if: You oppose placing these new restrictions on abortions in the state constitution.

• Amendment 8: “Religious freedom”

This amendment would eliminate a restriction on state funds going to religious organizations. Supporters say it would allow the state to support charitable programs, prison ministries and the like. Opponents say it would also open a door to private-school vouchers, though those would still face another major barrier, in the form of a 2006 state Supreme Court decision that struck down one of Gov. Jeb Bush’s voucher programs under a separate provision that mandates a “uniform” and “adequate” school system.

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Vote yes if: You believe religious groups are wrongly being denied funding from state government.

Vote no if: You believe the current constitutional restrictions should be kept in place.

• Amendment 9: Tax break for surviving spouses of veterans and first responders

This amendment would allow the Legislature to create new property tax exemptions for the surviving spouses of veterans or first responders such as police and firefighters who were killed in the line of duty. No lawmaker ever voted against this measure, and the revenue impact is expected to be an infinitesimal $600,000 to school districts and local governments around the state.

Vote yes if: You believe people whose wives or husbands were killed in the line of duty should get relief on their property taxes.

Vote no it: You oppose placing this tax exemption in the state constitution.

• Amendment 10: Tangible personal property

This was part of Gov. Rick Scott’s legislative agenda in 2012. Local governments levy taxes on people and businesses for big-ticket items they own. Cars, trucks, boats and goods worth less than $1,000 are exempt, as is anything totaling less than $25,000. This amendment would raise that exemption to $50,000, a change intended to benefit small and mid-size businesses with expensive computers or other equipment. It would also give local governments the option of raising that exemption even higher. State economists estimate the mandatory exemption would cost local governments about $20 million.

Vote yes if: You want to ease the tax burden on small businesses and are willing to accept the cost to local governments.

Vote no if: You oppose the reduction in tax revenue or believe the exemption would unfairly shift the tax burden away from businesses.

• Amendment 11: Property tax break for low-income seniors

This amendment would create a property tax break for low-income seniors to stay in their homes if they are older than 65, earn less than $27,030 a year, have lived in their homes more than 25 years and have property values of less than $250,000. State economists estimate it could lower local government taxes by about $9.4 million a year. Local governments would need to pass ordinances creating the new homestead exemption.

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Vote yes if: You believe low-income senior citizens should receive this tax break to help them stay in their homes.

Vote no if: You do not believe this property tax change belongs in the state constitution.

• Amendment 12:Appointment of student body president to board of governors of the state university system

Students get one seat on the Board of Governors, which runs the State University System. Right now, that position goes to the president of the Florida Students Association, a private organization run by the student body presidents of the state’s public universities. At the time the amedment was propsoed, Florida State University did not participate.

This amendment, sponsored by state Sen. Bill Montford, D-Tallahassee and Rep. Matt Gaetz, R-Fort Walton Beach, would create a new council made up of all student body presidents. The student representative on the Board of Governors would be determined by this council instead of the student association.

Vote yes if: You would like to see all universities represented on the board without having to join a private organization.

Vote no if: You believe this issue should not be settled with a constitutional amendment.